Valid from 24. 5. 2018
1. These terms
1.1 These are the terms and conditions on which we supply our products to you.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide our products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. These terms should be read in conjunction with our privacy and cookies policy https://janadvorakcoaching.com/privacy-and-cookies-policy and our acceptable use policy https://janadvorakcoaching.com/terms-of-use-and-acceptable-use-policy
2. Information about us and how to contact us
2.1 We are Jana Dvorak Coaching Ltd a company registered in England and Wales. Our company registration number is 11332852. Our address is 49 Station Road, Polegate, East Sussex, BN26 6EA, United Kingdom.
2.2 You can contact us by writing to us at the above address or emailing us at firstname.lastname@example.org.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3. Our contract with you
3.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this and will not charge you. This might be because a product is no longer available, because there has been a change in the product or because we have identified an error in the price or description of the event.
4. Our products
- Once we have accepted your order, we will send to you a Confirmation of Order email and will also, at that time, provide an embedded link that will allow you access to the products.
- You may only print off the product for your own personal use. You must not provide, offer to sell, license or transfer the product (whether in whole or in part in any manner or form or in or on any media) to any other person unless we have agreed to this in writing.
- In order to be able to access our products, you should ensure that you have the relevant software to open it, or that you can install it on your equipment. The products will be supplied in format, set out any space requirements for download and/or software required such as adobe.
5. Your rights to make changes
If you wish to make a change to an order, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the order, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our rights to make changes
6.1 We may make changes:
a) to reflect changes in relevant laws and regulatory requirements; and
b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
7. Your rights to end the contract
7.1 You may have a right to end the Contract if any of the following apply:
a) If what you have ordered is misdescribed you may have a legal right to end the contract – see Clause 10.;
b) If you want to end the contract because of something we have done or have told you we are going to do; or
c) If you have just changed your mind about the products, see Clause 7.3. You may be able to get a refund if you are a consumer within the cooling-off period;
7.2 If you are ending a contract for a reason set out at (a) and (b) below the contract will end immediately and we will refund you in full for any Services which have not been provided. The reasons are:
a) we have told you about an upcoming change to the products or these terms which you do not agree to (see Clause 6.1); or
b) we have told you about an error in the price or description of the Products, and you do not wish to proceed;
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). If you are a consumer, when purchasing digital content online, you have a legal right to change your mind within 14 days and receive a refund, but the cancellation rights do not apply after you have started to download or stream the digital content. You have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you download or stream the E-Book. By clicking on the link in the Confirmation of Order email to access the E-Book, this will constitute your downloading it.
8. How to end the contract with us (Including if as a consumer you have changed your mind)
8.1 To end the contract with us, please let us know by doing one of the following:
a) Email us at email@example.com.
b) By post. Print off the form at the end of these terms and post it to us at the address on the form. Or simply write to us at that address, including details of what you ordered, when you ordered it and your name and address.
8.2 Where a refund is due to you, we will pay you by the method you used for payment within 14 days. However, we may make deductions from the price, as described below.
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
a) you do not make any payment to us when it is due, and you still do not make payment within 5 days of us reminding you that payment is due; or
b) you breach any of these terms and conditions;
9.2 If we end the contract in the situations set out in Clause 9.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may withdraw our products. We may write to you to let you know that we are going to stop providing the products. We will let you know at least 10 working days in advance of our withdrawing the products and will refund any sums you have paid in advance for products which will not be provided.
10. If there is a problem
10.1 How to tell us about problems. If you have any questions or complaints email us at firstname.lastname@example.org.
10.2 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. This means that if your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality.
11. Price and payment
11.1 The price of the product (which includes VAT) will be the price indicated on the website when you submitted your Order. We take all reasonable care to ensure that the price advised to you is correct. However please see Clause 11.2 for what happens if we discover an error in the price of the product you order.
11.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, we make a mistake with the price. If we have overcharged you at the time of your order, we will refund you the difference. Where we have undercharged you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may still end the contract, refund you any sums you have paid and have no further legal obligation to you.
11.3 When you must pay and how you must pay. All products must be paid for at the time of submitting your order. Methods of payment are as stated on the website.
12. Our responsibility for loss or damage suffered by you
12.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 If you are a consumer:
a) we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services.
b) if defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. Nor will we be responsible if our product cannot be downloaded by you due to your not having the relevant software that is required to read it please see clause 4.3 or if the E-book cannot be read due to technical issues caused by the software provider.
12.3 If you are a business
a) Nothing in these terms shall limit or exclude our liability for (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); (b) fraud or fraudulent misrepresentation; or (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
b) Except to the extent expressly stated in Clause 12.3(a) all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
c) subject to Clause 12.3(a):
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for your order.
13. How we may use your personal information
a) to supply our products;
b) to process your payment; and
c) if you agreed to this during the booking process, to give you information about similar services or products that we provide, but you may stop receiving this at any time by contacting us.
14. Other important terms
14.1 Copyright and all intellectual property rights in the products supplied by us remain vested in us and shall not be copied or reproduced for any other purpose than your individual use of the products.
14.2 Special offers and discounts. Any special offers or discounts on the website can be withdrawn at any time, without notice.
14.3 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within 10 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
14.4 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. For the avoidance of doubt, this also means that any courses or seminars booked can only be attended by the person named on the booking.
14.5 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.6 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.7 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.8 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
14.9 Alternative dispute resolution. Alternative dispute resolution (ADR) is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an ADR provider however, as we are not members of an ADR, we shall, at our sole discretion, have the right as to whether to accept or reject your nominated ADR. In addition, please note that, as long as the UK is part of the EEU, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
Jana Dvorak Coaching Ltd
49 Station Road, Polegate, East Sussex, BN26 6EA, United Kingdom.
I hereby give notice that I wish to cancel my contract for:
The course ordered on:
The E-Book ordered on